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What you need to do before you Submit your AAP to the OFCCP

Federal contractors are required to have an AAP (Affirmative Action Plan) in place. They must demonstrate that they have disseminated and implemented the commitments outlined in the AAP documents per Executive Order 11246, specifically 41 CFR Chapter 60 Parts 1-3, Section 503/38 USC 4212, and 41 CFR Chapter 60 Parts 741 and 300. The following items must be in place:

  • Ensure that you have disseminated placement rate goals and AAP responsibilities to managers as required by 41 CFR 60-2.17 (d).
  • As part of your affirmative action responsibilities, you should train your supervisors and managers regarding EEO/AA policies.
  • Ensure that your career webpage states that you are an Equal Employment Opportunity/Affirmative Action employer.
  • Ensure that the signed policy statements are posted at all sites and are included as a link or referenced on your company’s website. A best practice to ensure that every electronic applicant can view the policy statements during the application process would be to display a link to the policy statements.
  • Ensure that the “EEO is the Law” poster is posted in conspicuous areas at all sites and accessible to applicants for employment. A best practice to ensure that every electronic applicant can view the poster during the application process would be to display a link to the poster.
  • Ensure that the “Notice of Employee Rights under Federal Labor Laws” (Executive Order 13496) poster is posted in conspicuous areas at all sites.
  • If you have employees who work under a collective bargaining agreement, you are required to notify union officials of your affirmative action policy and request their cooperation regarding the policy.
  • Notify your subcontractors, vendors, and suppliers that you are a federal contractor/subcontractor and that they may need to comply with Executive Order 11246. This notification must be completed on an annual basis – the OFCCP may request documentation demonstrating that you have sent the notification letters annually to subcontractors, vendors, and suppliers during an audit. A sample notification letter is included as part of this letter.
  • EO Clause: Contractors must modify their current EO clause in subcontracts and purchase orders to reflect the revised regulations. Rather than including the entire language of each of the EO clauses, contractors can reference all EO clauses into a single “incorporation by reference” clause, provided that the entire combined clause is set in bold text and cites the following regulations, 41 CFR 60-1.4(a), 41 CFR 60-300.5(a) and 60-741.5(a).
  • If you are using an online applicant tracking system, ensure that you notify applicants that you will provide reasonable accommodations for individuals who are unable to use the online system due to a disability.
  • Ensure that you are providing the opportunity to identify gender, race/ethnicity classification, protected veteran status, and disability status per 41 CFR 60-1.12 (c), 60-741.42, and 6-300.42 at both the pre and post-offer stages.
  • Ensure that any reasonable accommodations that are requested (i.e., for disabilities, medical reasons, and religious practices) are documented. Ensure that you document all accommodations that have been made and the reasoning for any accommodations requests that have been denied.
  • If you contract with an employment/temporary agency, ensure that you maintain the appropriate records to comply with the recordkeeping requirements.
  • Ensure that you track all promotions, including the pool of candidates who applied for any of the promotions. In an audit, you may be asked to provide the pool of candidates considered for each of the promotions that occurred.
  • Job postings should contain a tagline similar to: “Company name” is an EOE – Minority/Female/Disability/Vets,” but it cannot be abbreviated further than this. Keep a copy of all job postings. In the event of an audit, the OFCCP would request documentation demonstrating that this phrase is stated on your job postings.
  • Ensure that you are completing and submitting the EEO-1 and VETS-4212 (new for 2015) forms annually in September. In the event of an audit, the OFCCP will request copies of the three most recent years of these reports.
  • Ensure that you are posting all job openings (except for top-level executive positions, temporary positions lasting three days or less, and positions that will be filled internally) with the employment service delivery system (state employment agency) in the geographical area where the job opening exists to fulfill the Mandatory Job Listing requirement for veterans
  • Ensure that you are undertaking outreach efforts and posting openings with veteran recruitment sources and outreach organizations directed toward the employment of individuals with disabilities.
  • Ensure that you monitor your efforts and progress toward addressing any underutilization of females and minorities.
  • Ensure that you have conducted an Impact Ratio Analysis (IRA) for applicants vs. hires and other personnel procedures as required in 41 CFR 60-2.17 (b) (2) and 60-3.4. Failure to conduct this analysis and identify any potential problem areas about your selection decisions could result in financial ramifications in the event of an audit.
  • Ensure that no pay disparities exist per 41 CFR 60-2.17 (b) (3). Based on these regulations, failure to adopt any self-evaluation method will be a basis for a finding of non-compliance with 41 CFR 60-2.17 (b) (3).

In the event the contractor receives a scheduling letter requiring the submission of their AAP for audit, the contractor needs to ensure their AAP contains all of the required items as outlined in the scheduling letter as well as ensuring that the items listed above have been implemented. The OFCCP will verify compliance with these obligations during the audit.

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